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native statement, to be inserted if such person then is and will continue to be employed abroad by the organization, “I intend in good faith to resume my residence in the United States immediately upon termination of such employment."

(k) Benefits of section 319 (d) of the Act claimed. Whenever the benefits of section 319 (d) of the Act are claimed, by inserting in allegation (14) the statement "I am the surviving spouse of a United States citizen who died during a period of honorable service in the Armed Forces of the United States, and with whom I was living in marital union at the time of his death."

[22 F.R. 9818, Dec. 6, 1957, as amended at 23 F.R. 2673, Apr. 23, 1958; 31 F.R. 14079, Nov. 3, 1966; 31 F.R. 14629, Nov. 17, 1966; 33 F.R. 255, Jan. 9, 1968; 33 F.R. 11354, Aug. 9, 1968]

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332b.5 Cooperation with official National and State organizations.

AUTHORITY: The provisions of this Part 332b issued under secs. 103, 332, 346, 66 Stat. 173, 252, 266; 8 U.S.C. 1103, 1443, 1457.

SOURCE: The provisions of this Part 332b appear at 22 F.R. 9818, Dec. 6, 1957. § 332b.1 Public school instruction and training in citizenship responsibilities of applicants for naturalization. The Central Office and the field offices of the Service shall cooperate with appropriate authorities or organizations in the establishment and maintenance of classes within or under the supervision of the public schools for the preparation of naturalization applicants for their citizenship duties and responsibilities. Field officers shall visit such classes when practicable. Should applicants for naturalization who desire such preparation live in remote localities where the establishment of a class is impracticable, field officers shall communicate with the ap

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propriate representative of the public schools for the purpose of making other suitable arrangements, if possible, for their instruction.

§ 332b.2

Sending names of candidates for naturalization to the public schools.

Arrangements shall be made with the public schools by which the names and addresses of applicants for naturalization will be made available to such schools for the purpose of interesting applicants in attending public school classes in preparation for citizenship duties and responsibilities.

§ 332b.3 Federal citizenship textbooks.

Citizenship textbooks, for the free use of applicants for naturalization receiving instruction in or under the supervision of the public schools in preparation for citizenship, shall be prepared and distributed by the Service to the appropriate representatives of the public schools upon their signed requisitions therefor.

§ 332b.4 Public school certificates as evidence of petitioner's educational progress.

Public school certificates attesting the attendance and progress records of petitioners for naturalization in citizenship classes shall be given weight by naturalization officers in determining the petitioner's knowledge and understanding of the fundamentals of the history, and of the principles and form of government of the United States, and his ability to read, write, and speak English, provided that approval of the courses of instruction, teaching, and examinations of the public schools issuing such certificates is given by the district director and the naturalization courts. § 332b.5 Cooperation with official National and State organizations.

The Central Office and the field offices shall take steps to obtain the aid of and to cooperate with official National and State organizations in the Service's program of promoting instruction and training of applicants for naturalization for their citizenship duties and responsibilities. Similar action shall be taken in relation to duly accredited unofficial educational, social service, welfare, and other organizations having as one of their objects the preparation of applicants for naturalization for their citizenship duties and responsibilities.

§ 332a.11 Initial application for official forms.

Whenever the initial application for forms, records, books and supplies is made by a State court of record, it shall be accompanied by a certificate of the Attorney General of the State, certifying that the said court is a court of record, having a seal, a clerk, and jurisdiction in actions at law or in equity, or at law and in equity, in which the amount in controversy is unlimited.

§ 332a.12 Subsequent application for official forms.

Included with the initial supply of official forms, records, and books furnished to the various courts by the Service shall be Form N-3 entitled "Requisition for Forms and Binders," and thereafter such forms shall be used by clerks of courts in making requisition for forms, records, books, and supplies for use in naturalization proceedings in their respective courts.

§ 332a.13 Alteration of forms of petitions or applications for naturalization.

The official forms for petitions or applications for naturalization to the court shall be altered by the clerk of the court as follows:

(a) Insertion of applicable acts or sections of acts. Whenever the petition form is designed for use under more than one act or more than one section of an act, by inserting under the title of the form the applicable act or section.

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(b) Exemption from residence physical presence in the United States or State. Whenever residence or physical presence in the United States or State for any specified period is not required, by striking out the allegations relating thereto and the statements in the affidavits of witnesses as to the period of United States or State residence or physical presence.

(c) Exemption from lawful admission for permanent residence. Whenever lawful admission for permanent residence is not required, by striking out the allegations relating thereto.

(d) Exemption from intention to reside permanently in the United States. Whenever intention to reside permanently in the United States is not required, by striking out the allegations relating thereto.

(e) Supplemental affidavits filed with petition for naturalization. Whenever a

supplemental affidavit is filed with the petition, by inserting in allegation (19) on Form N-405 the form number thereof. (f) Oath of allegiance. Whenever the petitioner or applicant for naturalization is exempt from taking the oath of allegiance prescribed in Part 337 of this chapter in its entirety, by striking from the oath of allegiance the inapplicable clauses.

(g) Naturalization authorized by private law. Whenever Form N-408 is filed pursuant to § 324.14 of this chapter, the form shall be amended by inserting the words "Under Private Law Number

Congress" under the title in lieu of the printed matter set forth thereunder; by replacing averment 7 with an allegation indicating the manner in which United States citizenship was lost; by substituting the words "as indicated in averment 7" for the words "by marriage" which appear in averment 8; by deleting averment 10; and by changing the period at the end of averment 11 to a comma and adding “pursuant to Private Law Number Congress, a copy

of which is attached to this application." (h) Previous filing of another petition. Whenever the petitioner has previously filed another petition for naturalization the word "not" shall be stricken from the appropriate allegation.

(i) Benefits of section 328(d) or 330 (a), Immigration and Nationality_Act claimed. Whenever residence and physical presence benefits are claimed, by inserting an allegation (14): I claim the benefits of section 328 (d) (or 330(a)), Immigration and Nationality Act.

(j) Benefits of section 319(c) of the Act claimed. Whenever the benefits of section 319 (c) of the Act are claimed, by inserting in allegation (14) the statement "I have been employed continuously for a period of not less than 5 years after a lawful admission for permanent residence, by a U.S. incorporated nonprofit organization recognized by the Attorney General as being principally engaged in conducting abroad through communications media the dissemination of information which significantly promotes U.S. interests abroad and, upon such basis, I claim the benefits of section 319 (c), Immigration and Nationality Act." If the person filing the petition is not then employed by the organization, the statement "My employment terminated within 6 months of the filing of my petition." also shall be inserted in allegation (14); or, as an alter

native statement, to be inserted if such person then is and will continue to be employed abroad by the organization, “I intend in good faith to resume my residence in the United States immediately upon termination of such employment."

(k) Benefits of section 319 (d) of the Act claimed. Whenever the benefits of section 319 (d) of the Act are claimed, by inserting in allegation (14) the statement "I am the surviving spouse of a United States citizen who died during a period of honorable service in the Armed Forces of the United States, and with whom I was living in marital union at the time of his death."

[22 F.R. 9818, Dec. 6, 1957, as amended at 23 F.R. 2673, Apr. 23, 1958; 31 F.R. 14079, Nov. 3, 1966; 31 F.R. 14629, Nov. 17, 1966; 33 F.R. 255, Jan. 9, 1968; 33 F.R. 11354, Aug. 9, 1968]

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332b.5 Cooperation with official National and State organizations.

AUTHORITY: The provisions of this Part 332b issued under secs. 103, 332, 346, 66 Stat. 173, 252, 266; 8 U.S.C. 1103, 1443, 1457.

SOURCE: The provisions of this Part 332b appear at 22 F.R. 9818, Dec. 6, 1957. § 332b.1 Public school instruction and

training in citizenship responsibilities of applicants for naturalization. The Central Office and the field offices of the Service shall cooperate with appropriate authorities or organizations in the establishment and maintenance of classes within or under the supervision of the public schools for the preparation of naturalization applicants for their citizenship duties and responsibilities. Field officers shall visit such classes when practicable. Should applicants for naturalization who desire such preparation live in remote localities where the establishment of a class is impracticable, field officers shall communicate with the ap

153

propriate representative of the public schools for the purpose of making other suitable arrangements, if possible, for their instruction.

§ 332b.2

Sending names of candidates for naturalization to the public schools.

Arrangements shall be made with the public schools by which the names and addresses of applicants for naturalization will be made available to such schools for the purpose of interesting applicants in attending public school classes in preparation for citizenship duties and responsibilities.

§ 332b.3 Federal citizenship textbooks.

Citizenship textbooks, for the free use of applicants for naturalization receiving instruction in or under the supervision of the public schools in preparation for citizenship, shall be prepared and distributed by the Service to the appropriate representatives of the public schools upon their signed requisitions therefor.

§ 332b.4 Public school certificates as evidence of petitioner's educational progress.

Public school certificates attesting the attendance and progress records of petitioners for naturalization in citizenship classes shall be given weight by naturalization officers in determining the petitioner's knowledge and understanding of the fundamentals of the history, and of the principles and form of government of the United States, and his ability to read, write, and speak English, provided that approval of the courses of instruction, teaching, and examinations of the public schools issuing such certificates is given by the district director and the naturalization courts. § 332b.5 Cooperation with official National and State organizations.

The Central Office and the field offices shall take steps to obtain the aid of and to cooperate with official National and State organizations in the Service's program of promoting instruction and training of applicants for naturalization for their citizenship duties and responsibilities. Similar action shall be taken in relation to duly accredited unofficial educational, social service, welfare, and other organizations having as one of their objects the preparation of applicants for naturalization for their citizenship duties and responsibilities.

PART 332c-PHOTOGRAPHIC

§ 332c.1

STUDIOS

Establishment of welfare photographic studios.

District directors shall, after investigation, make reports and recommendations to the Commissioner concerning the desirability of the establishment and operation by welfare organizations, with out profit, of photographic studios, solely for the benefit of persons seeking to comply with the requirements of the immigration and naturalization laws. Quarters for such purpose must be in a building occupied by the Service, and be conducted under the supervision of the Commissioner. Such welfare organizations shall submit an annual account to the Commissioner of the conduct of such studio.

(Secs. 103, 332, 66 Stat. 173, 252; 8 U.S.C. 1103, 1443) [22 F.R. 9818, Dec. 6, 1957]

PART 332d—DESIGNATION OF EMPLOYEES TO ADMINISTER OATHS AND TAKE DEPOSITIONS

§ 332d.1

Designation of employees to administer oaths and take depositions.

All immigration officers and other officers or employees of the Service of an equal or higher grade are hereby designated to administer oaths or affirmations and take depositions in matters relating to the administration of the naturalization and citizenship laws. In addition, such other employees as may be designated by a district director are hereby authorized to administer oaths or affirmations.

(Secs. 103, 332, 66 Stat. 173, 252; 8 U.S.C. 1103, 1443) [37 F.R. 2767, Feb. 5, 1972]

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photographs which shall be 2 by 2 inches in size, unmounted, printed on a thin paper, have a light background, clearly show a full front view of the features of the applicant with head bare (unless the applicant is wearing a headdress as required by a religious order of which he is a member), with the distance from the top of the head to point of chin approximately 14 inches, and which shall have been taken within 30 days of the date they are furnished. Submitted photographs may be in natural color or in black and white, but black and white photographs which have been tinted or otherwise colored are not acceptable. The applicant, except in the case of a child or other person physically incapable of signing his name, shall sign each copy of the photograph with his full true name, in such manner as not to obscure the features. The signature shall be by mark if the applicant is unable to sign his name. If the applicant is a prospective petitioner for naturalization, the photographs shall be signed by him in the English language, unless the applicant is of the class exempted from signing a petition for naturalization in the English language, as provided by § 334.13 of this chapter, in which case the photographs may be signed in any language. If a child is unable to sign his name, the photographs shall be signed by a parent or guardian, the signature reading (name of child) by (name of parent or guardian)". The photographs shall be signed when submitted with an application if the instruction accompanying the application so require. If the instructions do not so require the photographs shall be submitted without being signed and shall be signed at such later time during the processing of the application as may be appropriate. [26 F.R. 4605, May 26, 1961]

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§ 334.1

Right to file petition or application for naturalization.

No person shall be denied the right to apply for naturalization in accordance with the procedure prescribed in this subchapter to any court authorized to exercise naturalization jurisdiction.

€ 334.2 Oath or affirmation of petitioner and witnesses.

The petition for naturalization shall be executed under the following oath (or affirmation): "You do swear (affirm) that you know the contents of this petition for naturalization subscribed by you, and that the same are true to the best of your knowledge and belief."

The following oath (or affirmation) shall be administered to each of the witnesses who verify the petition: "You do swear (affirm) that the statements of fact you have made in the affidavits to this petition for naturalization subscribed by you are true to the best of your knowledge and belief."

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numbering, indexing, binding. Petitions for naturalization shall be numbered consecutively in the order in which they are filed, shall be filed chronologically in separate volumes, indexed, and made a part of the records of the naturalization court. Each such volume shall, upon completion, be permanently bound by the clerk of court. Whenever a petitioner's name has been changed by order of court the original and the changed name shall be entered by the clerk of court in the index of petitions for naturalization.

§ 334.11 Petition for naturalization and preliminary application.

A person who desires to apply for naturalization shall, before filing his petition for naturalization, execute and submit preliminary application Form N-400. Former citizens who are applying under section 324(a) or 327 of the Act shall execute supplement Form N-400A. Seamen who are applying under section 330 of the Act shall execute supplement Form N-400B. The Service shall notify the applicant when and where to appear with his witnesses for preliminary investigation and filing his petition for naturalization. [32 F.R. 9635, July 4, 1967]

§ 334.13 Filing of petition for naturalization.

The petition for naturalization and the duplicate copy thereof shall be filed by the petitioner, in person, with the clerk of the court or his authorized deputy and only in the office of the clerk, except that an applicant for naturalization who satisfactorily establishes that he is prevented by sickness or other disability from appearing in the office of the clerk, may file the petition for naturalization at such other place as may be designated by the clerk of court or his authorized deputy. Except as otherwise provided in this subchapter, the petition shall be on Form N-405 and shall contain an averment that it is the intention of the petitioner to reside permanently in the United States. The petition shall be signed by the petitioner in the English language, if physically able to write, unless the petitioner on December 24, 1952, was over fifty years of age and had been living in the United States for at least twenty years, in which case the peti

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